Wills, probate and caveats

lizzie_k

Hey I was just wondering could someone ans this qus for me. How long do you have to serve someone with notice to take them to court? 2 years ago (2009) my aunt died and she had no children so she divided her wealth out among all 18 nieces and nephews with myself gettin the house plus money. Of course one nephew was jealous of me gettin the house even though it's in the middle of nowhere and put a caveat on it. So the caveat went on for six months then a further six months and now it's on it the last year... Our crapass solicitor told us that the summons for court had to be served within two years on the date of death of my aunt which was mid December. Is this correct? and if so is the only option to get they cousin to sign a consent document now to allow probate to go through?!

Thanks in advance for any answers that can be provided. I just want this to come to an end.

nuac

Do you seriously expect other lawyers to comment on your problem is view of your "crapass" description of your solicitor?

dermot_sheehan

People on the internet cant give you advice.

They don't know all the details.

They cannot take an attendance of many details which may be confidential on a public internet forum.

if you are opposing someone in litigation, a google search will reveal your tactics to the otherside.

The person giving you advice may not be qualified. Even if qualified they may be in breach of their professional ethical responsibilities in advising someone they never met on a public internet forum.

The person giving you advice may not be insured. Their advice could be negligent, in which case you could try to sue them or this internet board for that negligent advice.

For that reason this thread is closed.

I know the distinction as to what is permitted and what is not on this forum is sometimes blurred.

If someone asks for example "what are the usual penalties for this crime" a link to the statute could be provided and I can't see anything wrong with that.

If someone asks "what happens after PIAB is finished assessing a claim" an answer could be provided again as to what normally happens after PIAB have issued an authorisation or an order to pay.

If someone however says for example "This, that and the other thing happened to me and , I'm engaging with litigation with my neighbour over a boundary dispute, they are alleging this, we are alleging that, we have a surveyors report that says x, we've sought discovery of the other side's documents in categories A, B and C, they are resisting, my solicitor is going to bring a motion, is that appropriate"

No one on this forum could give an answer to a question like that nor should anyone. It's impossible to give a correct answer to a specific case without the specific facts which could only be obtained by a consultation with the client, not on a public forum.